Advice Please

[Tricia]

We have a successful franchise business here in the UK, have been trading for 7yrs and have been offered an outlet in USA in California that is being run by a Manager and has 12 staff.
What I would like advice on is the following:

What sort of visa would we need?
Could we bring an existing member of staff from UK to work there?
We would plan to live there most of the time but come back and forth to UK as well.

Thank you for your help

Tricia

[punky]

So you basically own your own company in the US and want to buy one in the US and move?

Well, I think the best route, is the L-1 visa. As your destination business is already established, you should be able to get a 3 year one. Its a non-immigrant visa but you are allowed to show dual intent, and can apply for change of status. You'd need to because the L-1 is only capped to 7 years.

Regarding the staff, the best option I think is a H1-B (which can run indefinitely but you can't change status with) or maybe even an L-1 for themselves if they are eligible.

Both will allow you to enter/exit the US while you retain your job/business interest.

Doesn't hurt calling a couple of attorneys and seeing if the suggest anything different.

[Tricia]

Thank you for your quick reply.

Could we go ahead and buy the business and then apply for the visa?

Next job is to look up Clovis CA on the map!!!!!!!

[Bobby]

Quick Advice:

If you sign a contract to buy a business without a visa, try to put in the special clauses that the purchase is "subject to successful approval of L-1 or E-2 visa". Whichever is applicable.

It saves you being in another country, owning a business that you can't do anything about, because you've been denied or delayed.

It happens all the time, as many members here can testify.

Bobby

[punky]

Indeed... More good advice from Bobby... *thumbs up*

[Sharon]

Hi

An L visa is best if you can qualify and sounds like you do

They will only give you a one year visa and then you will have to renew it.

When they renew they normally give you a two year extension and just before this extension expires, apply for I 140 and I 485 adjustment of status to green card

[Bobby]

Hi

An L visa is best if you can qualify and sounds like you do

They will only give you a one year visa and then you will have to renew it.

When they renew they normally give you a two year extension and just before this extension expires, apply for I 140 and I 485 adjustment of status to green card

Contrary to the above, you can apply for adjustment of status any time. The only restriction adjusting from the L-1 visa is that your business must have been running for at least one year. Which means that you can apply straight after you receive the first 2 year renewal.
Effectively only being in the States for just over one year in total. Quite a good path if you can qualify.

Bobby

[Tricia]

Thanks for all your advice.
Say we go ahead and buy the business, which has been running for over 5yrs in USA and we divided our time between UK and USA. We dont plan on working in the business ourselves but have a family member who is more than willing to reclocate and work there. Could we keep going back and forward on the visa waeiver I wonder?

[Bobby]

I don't think so.

The subject has been covered on a few other threads for different scenarios, but with the same overall outcome.

Eventually, (probably after about 3 visits), you will be advised by the Entry point that you will require a visa for future visits, and especailly when you pull out the line:

"I own a business here"

B-1 would cover what you are considering above, and is valid for 10 years, especially if you can show that you reside in the UK and are not actively operating the US business yourself.

Don't forget, whoever you send will still need a visa and jump through the hoops to get it, so if you are thinking of employing someone (family), to deflect the hassle from yourself, I wouldn't bother. I'd go through the process for my own gain, as you are going to go through it anyway, either way.

[Susie]

Thanks for all your advice.
Say we go ahead and buy the business, which has been running for over 5yrs in USA and we divided our time between UK and USA. We dont plan on working in the business ourselves but have a family member who is more than willing to reclocate and work there. Could we keep going back and forward on the visa waeiver I wonder?


Hi Trica and :welcome:

I would recommend (if you want to come and go ) either an L or B visa

The L visa is better because whilst in the USA you can work for the company and get a salary. You can travel freely between home country and the USA.

The first L visa will only be valid one year. The renewal should give you a further 2 years. But there is a max of 7 years (I think) allowed on an L visa as this is a tempory visa. You can can status to LPR- green card though as it does have duel intent

The B business visa will allow you to spend 6 months a year in the USA but you cannot do manual work and you cannot be paid a salary

Providing you family member has worked for your UK company for at least one year in the past three years and is Exec or managerial experience you can apply for an L 1 for them

If you do decide to go ahead, buy the business contingent on visa approval and only buy the assets of the company

Please keep us updated